******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) ) Jones Intercable, Inc. ) CUID No. GA0109 (City of Thomson) ) Complaint Regarding a) Cable Programming Services Tier ) Rate Increase ) ORDER Adopted: April 29, 1997 Released: May 2, 1997 By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we consider a complaint concerning the rate charged by the above- referenced operator ("Operator") for its cable programming services tier ("CPST") in the community referenced above. This order addresses the reasonableness of Operator's rate of $16.98, effective February 1, 1997. We conclude that Operator's CPST rate is not unreasonable. 2. The Communications Act, authorizes the Federal Communications Commission ("Commission") to review the CPST rates of cable systems not subject to effective competition to ensure that rates charged are not unreasonable. The Telecommunications Act of 1996 ("1996 Act") and our rules implementing the new legislation ("Interim Rules"), require that complaints against CPST rates be filed with the Commission by a local franchising authority ("LFA") that has received subscriber complaints. An LFA may not file a CPST rate complaint unless it receives more than one subscriber complaint within 90 days after such increase becomes effective. If the Commission finds the rate unreasonable, it shall determine the correct rate and any refund liability. 3. The Commission's original rate regulations took effect on September 1, 1993. The Commission subsequently revised its rate regulations effective May 15, 1994. Cable operators must use the FCC Form 1200 series to justify their rates through a benchmark showing for the period beginning May 15, 1994. Operators may justify adjustments to their rates on an annual basis using FCC Form 1240 to reflect reasonably certain and quantifiable changes in external costs, inflation, and the number of regulated channels that are projected for the twelve months following the rate change. Any incurred cost that is not projected may be accrued with interest and added to rates at a later time. If actual and projected costs are different during the rate year, a "true-up" mechanism is available to correct estimated costs with actual cost changes. The "true-up" requires operators to decrease their rates or alternatively permits them to increase their rates to make an adjustment for over or under estimations of these cost changes. 4. On February 27, 1997, the LFA filed a complaint against Operator's February 1, 1997 rate increase. The LFA has certified that it has complied with the Interim Rules. Operator filed with the LFA an FCC Form 1240 to justify its CPST rate increase. Operator entered the wrong number on Line A1 of its FCC Form 1240. Operator should have entered $15.78 on that line because that was the CPST rate Operator was charging prior to the rate increase triggering the complaint. Consequently, we have adjusted Line A1 accordingly. This results in a maximum permitted rate ("MPR") of $18.64 for Operator's projected period. Because Operator was actually charging a CPST rate of $16.98, effective February 1, 1997, we find that Operator's CPST rate in the community referenced above is not unreasonable. 5. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321, that the CPST rate charged by Operator in the community referenced above, effective February 1, 1997, IS NOT UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321, that the complaint referenced herein against the CPST rate charged by Operator in the franchise area referenced in the caption IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Elizabeth W. Beaty Chief, Financial Analysis and Compliance Division Cable Services Bureau